Courts Today 69 Lyme Road, Hanover, NH 03755
CHANGE SERVICE REQUESTED
December/January 2020
Vol. 17 No. 6/FINAL EDITION
with alternative & diversion programs
Publisher & Executive Editor
Thomas S. Kapinos
Assistant Publisher
DECEMBER/JANUARY 2020 V O L U M E 17 N U M B E R 6
Jennifer Kapinos
Editor Donna Rogers Contributing Editors Michael Grohs, Bill Schiffner G.F. Guercio, M.J. Guercio Editorial Intern
Katrina Stroud Art Director Jamie Stroud Marketing Representatives Bonnie Dodson (828) 479-7472 Art Sylvie (480) 816-3448 Peggy Virgadamo (718) 456-7329
with alternative & diversion programs
is published bi-monthly by: Criminal Justice Media, Inc PO Box 213 Hermosa Beach, CA 90254 310.374.2700
F EATU R E S
4 Courts in the Media 6 APPA’s Winter Training Institute
12 Case Management: Getting the Right Fit
19 Veteran’s Treatment Courts 22 Collecting Debts The Importance of Compliance
26 Mobile Apps & Smartphone Responsive Websites
Send address changes to: COURTS TODAY 69 Lyme Road Hanover, NH 03755 or fax (603) 643-6551 To receive a FREE subscription to COURTS TODAY submit, on court letterhead, your request with qualifying title; date, sign and mail to COURTS TODAY 69 Lyme Road Hanover, NH 03755 or you may fax your subscription request to (603) 643-6551 Subscriptions: Annual subscriptions for non-qualified personnel, United States only, is $60.00. Single copy or back issues-$10.00 All Canada and Foreign subscriptions are $90.00 per year. Printed in the United States of America, Copyright © 2020 Criminal Justice Media, Inc.
C O U RTS I N T H E M E D I A CLOSING TECHNOLOGY GAP A MAIN CONCERN FOR JUDICIAL COUNCIL The State Judicial Council convened in Raleigh, N.C., in December to discuss judicial branch reforms and to push for increased funding, according to the Carolina Journal News Service. “We need to think about adequately staffing our branch of government,” Chief Justice Cheri Beasley said. “We need to think about innovative case management solutions such as drug treatment court, mental health court and family courts. And we also have to work on evidence-based pretrial justice practices that keep our communities safe.” It was the first time the council had convened in five years, at Beasley’s direction. During the interim, Chief Justice Mark Martin led the N.C. Commission on the Administration of Law and Justice to address many similar reforms. The commission, composed of more than 70 judges, attorneys, and lay people, spent 15 months on a comprehensive review of the judicial branch. “We’re at least 30 years behind other court systems,” said Campbell Law School Dean Rich Leonard, who chaired one of the task forces responsible for
rolling out an electronic case management system for the federal courts. The federal courts were dealing with a similar, decades-old system. “It’s hard to get access, and this deprives people of basic justice.” Without a contemporary case-management system, it’s difficult both for lawyers inside the system and people outside the system to access information, Leonard said. “If I were in the legislature, new judicial system technology would be my highest funding priority,” Leonard said. “I think it would change the perception of justice in this state if all the information about cases were available remotely in searchable databases.” When Leonard helped design an updated electronic system for the federal courts, it largely paid for itself, he said. The system charges users a fee, causing millions to pour back into the courts.
AT THE DURHAM COURTHOUSE, REPLACING "SHUCKS" WITH MODERN RECORD-KEEPING The record-keeping system at the Durham, N.C., courthouse is a glimpse back in time, according to the INDY and The 9th Street Journal, published by journalism students at Duke University’s DeWitt Wallace Center for Media & Democracy. A large room in the Durham clerk’s office has drawers full of tightly rolled ribbons of film. An assistant clerk feeds a strip of “microfilm” into an old-fashioned grey machine and turns a knob. The black and white screen shows court records from as recently as 12 years ago. The clerk’s office is like a museum of record-keeping from the 1900s, with systems and documents that are reminiscent of generations past. But officials say help is on the way. A new initiative will bring a new electronic records system to Durham and other North Carolina courts over the next five years. In 2015, the Chief Justice of the North Carolina Supreme Court studied the needs of courts throughout the state. One of the top priorities was technology. As a result, the Administrative Office of the Courts signed a contract with Tyler Technologies, a Texas software company, to move North Carolina to a modernized system using their Odyssey case management tool. Christopher Mears, a spokesperson for the state office of the courts, said the specifics are still being ironed out. “We ultimately are paving the way for a virtual courthouse,” he said in an email.
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BY BIL L S C H I FFN ER, C O N T R IB U T IN G E D I T O R
APPA’s Winter Training Institute Focuses on Safer Communities The American Probation and Parole Association recently hosted its 2020 Winter Training Institute at the New Orleans Marriott.
he American Probation and Parole Association (APPA) recently hosted its 2020 Winter Training Institute at the New Orleans Marriott, January 5-8, with new product introductions, 90 engaging sessions and exciting keynotes including celebrity chef Jeff Henderson and renowned political strategist James Carville. Award-winning chef, best-selling author, and inspirational speaker Jeff Henderson kicked off the training institute as the keynote speaker. After spending time in prison and returning to society with a plan to reinvent himself, he gave an insightful talk
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on criminal justice and reentry. James Carville was the keynote speaker at the Institute’s plenary session. Carville became a household name in the early 1990s as the lead strategist for Bill Clinton’s successful presidential campaign. He is also a bestselling author, multi-talented media personality and professor at Louisiana State University. Taking advantage of Chef Jeff’s personality and connection to community corrections, he hosted a one-of-a-kind speaker’s showcase. The showcase, called Straight Talk, featured a panel of justice system personnel, including Juvenile Court Judge Desiree Cook-Calvin,
as well as formerly incarcerated individuals. Straight Talk panelists provided candid discussions about the hurdles facing citizens upon their return to our communities. “This Institute was an information-packed learning experience. It provided a chance to form new partnerships as well as offer a gateway to some of the field’s newest research. No matter how your profession relates to community corrections, we were excited to share this experience with the attendees,� said APPA’s executive director/chief executive officer Veronica Cunningham. “APPA is the leading professional membership association for
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community corrections professionals. We aid in the development and education of the workforce to improve outcomes, reduce recidivism, and enhance public safety,” she added. Here’s a look at some of the new technologies, products and services that were on display in the exhibit hall.
Identification Systems Endur ID designs and manufactures customizable identity and tracking solutions for detainees and inmates. Endur ID’s solution
Monitoring System
application inventories risk/needs assessment results, case plans, treatment programs and case histories highlighting current case activities and performance measures—saving time and effort. Leverage the Ad-hoc data extractor to custom build your own reports and access a visual timeline to link directly to case data. The Case Manager module provides case tracking features such as a TIMELINE (pictured) that displays case activity and quick links to case-related data. 1.800.406.4333, www.equivant.com
Web-based Solutions includes Secure MAX Identification Wristbands, which are produced in color and are water resistant and durable, paired with the Secur Loc clasps for wristband security. Completing the solution is the IDMX Identification Management Software designed to manage and produce identification bands as well the Secure Trak bar coded tracking solutions to track and record detainees activities within the facility using handheld scanners. 1.603.758.1488, www.endurid.com
Case Manager The Northpointe Suite Case Manager is an integrated solution that supports corrections professionals as they track and manage caseloads. This person-based
Tyler Supervision is a comprehensive, web-based SaaS solution that lets your department coordinate, communicate, record, and track each step of your client supervision process, including
ShadoWatch provides continuous location monitoring through the use of a modern tamper-proof wristwatch with two-way voice communication. Managed through the ShadowTrackOne Platform; a truly integrated solution for managing all aspects of offender monitoring in the community.
ShadoWatch can be used as a standalone solution or paired with Shadowtrack’s other services. The ShadoWatch incorporates WiFi, GPS and Location Based Services (LBS) technology to increase location accuracy while enhancing battery life and users can communicate through the watch using twoway voice, individual or mass electronic messaging. 1.985-867-3771, www.Shadowtrack.com
Wi-Fi Tracking Device managing pretrial assessments and pretrial release services. Remote check-in, electronic device monitoring, and other intuitive features help streamline client management, while multiple layers of security provide system protection at the data center, application, and user levels that is CJIS compliant and meets Amazon GovCloud requirements. cjsales@tylertech.com, 1.800.431.5776, www.tylertech.com
The Attenti One-Piece Tracking Device (AT1) is said to be the first in the industry to feature wi-fi tracking and communication to aid criminal justice agencies in their
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monitoring efforts. Featuring wi-fi tracking as one of its three location technologies, the AT1 utilizes wi-fi access points to continue tracking in the absence of a Global Positioning System (GPS) signal. This makes the AT1 ideal for urban environments where gaps in GPS signals can occur—such as in underground transit systems, industrial parks, and large commercial buildings. Additionally, the AT1 device’s ability to reliably communicate data via LTE or wi-fi network benefits criminal justice agencies serving rural or remote areas where cellular coverage is limited or nonexistent. 1.866-213-0240, info@attentigroup.com, www.attentigroup.com
Re-entry Tool RTI International, a nonprofit research institute, announced a partnership with the North Carolina Department of Public Safety (NC DPS) to test a promising new approach to facilitate prisoner re-entry. The study, funded by the
National Institute of Justice (NIJ) within the U.S. Department of Justice, is a randomized controlled trial of Pokket, a web-based reentry planning and management tool developed by Acivilate, Inc. The Pokket app connects justiceinvolved individuals returning to the community with service agencies to enhance re-entry programming and reduce recidivism. RTI’s study will provide an assessment of Pokket’s impact on recidivism and other re-entry outcomes, along with process and cost components for correctional and community supervision entities. Specifically, RTI’s study will evaluate Pokket’s implementation, effect on recidivism rates and other re-entry outcomes, and criminal justice savings. It will also measure client engagement in re-entry planning and staff and service-provider collaboration. info@acivilate.com, www.acivilate.com/
results and reduce costs, allowing them to better serve their participants and community. 1.800.614.6758, www.TryReconnect.com
Innovative Mobile Technologies CFive Catalyst is a behavioral modification and rehabilitation platform that helps case managers maintain effective client relationships, enable timely communications and intervention, and promote client self-management.
Improving Outcomes Introducing Reconnect, a public benefit corporation-building technology to win the fight against incarceration and recidivism. The organization has partnered with 150 jurisdictions across 30 states to help them improve outcomes. Reconnect combines software, hardware, and data insights to help programs achieve better
Clients are empowered to make positive behavior and lifestyle changes, comply with supervision terms and reduce FTAs. Because all clients are not alike, Catalyst provides the exibility to individualize client communications for appropriate interaction with all client types. 1.949.260.3002, www.cfive.com
Automated Breathalyzer Kiosk Minneapolis-based Precision Kiosk Technologies (PKT) leads December/January 2020 10
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BY G. F. G U ERC I O, C O N T R I B U T I N G E D IT O R
Information Management Systems: Getting the Right Fit When managing court information with software that wrangles all that data, how do you get it to fit correctly in the box that is your court, and wrap it up with a bow? Now that’s a gift to yourself!
Information is prevalent across judicial jurisdictions and all that seemingly infinite amount of data needs to be managed. As courts come on board with a case management (CMS) or other information management system, an important consideration is getting the right system that will best fit the needs of the court. The first step to implementing a CMS solution that fits “and solves your most pressing challenges,” says Sue Humphreys, director of Industry Relations at equivant, “is to understand the ‘how’ of the systems you’re considering.” Most RFPs (Request for Proposal) or procurement documents will include some sort of checklist, typically a matrix or other functional definitions, “and those usually do a
decent job of telling you ‘what’ a system includes, but they often stink at helping you understand ‘how’ the system goes about automating the ‘what.’ It’s a big deal to understand the ‘how’ because that’s where the real value is,” she says, to truly assess impact, whether positive or negative, and its value to your operation. “I recommend completely abolishing the typical RFP ‘functional requirements checklist’ from your mind—and life—and think in workflow mode only because that is exactly what you’re going to end up with, good or bad,” says Humphreys. “CMS features are just bullet points; workflow is what actually happens between point A and point B and point Z in a case lifecycle. A CMS that can mimic your workflow today and
adapt to changes in flow downstream is one you want to seriously consider.” Humphreys also recommends courts use a “red routing” exercise to help score or prioritize CMS capabilities. “The thing is, everything you do or have done or may want to do to automate your court case management will not be at the exact same level of importance and you need to articulate the difference between critical-path capabilities and things that are important—maybe even very, very important.” Just as it’s used in the world of transportation, red routing means that you look at frequency, criticality, and number of people impacted to help prioritize your needs and identify which roadways (workflows) must be kept clear of
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usability obstacles no matter what. “When evaluating software, your processes that have no room for error (e.g., it happens all of the time and affects everyone) become your highest priority while things that rarely happen or impact very few people may barely register on your list. Even if you intend for your CMS to expertly automate every single function no matter its impact, red routing can save a lot of time and energy by redirecting focus on the processes that matter most to your staff, partners, and other stakeholders.” To get the right fit, Scott Bade, president and product visionary at ImageSoft points to the modular CCM (Court Component Model). “Consider the Component Model approach, where a best-in-class component integrated to your existing case management system may deliver better results and a better fit. Clearly articulate your vision to stakeholders and outline the benefits that they will experience and solicit their input as to how you can help them. Develop use cases which helps both staff and partners to set expectations, identify what defines success, and helps the vendor propose the features and modules required.” Work with leadership to collect
During training by ImageSoft critical questions are answered while mapping out processes with the system.
and establish all your courts’ pain p o i n t s , future goals, a spending budget and a timeline for when you’d like to start implementing, he adds. Take a technology inventory— what tools, software and or hardware do you currently have and deploy that might prove obsolete once going digital? What tools and/or capabilities will you need? “Talk with your IT support team for this, and ensure they have the bandwidth to support your digital transformation needs.” To determine what features, modules, etc., Bade suggests including the intended users in the process, like software demonstrations and mapping out processes. “They can identify features and modules that can provide high lev-
els of productivity and job satisfaction that are not obvious to managers or technical staff.” Address questions of how critical functions are accomplished in the new system, he says, such as judges electronically signing docu-
ments; sending electronic transcripts and case files on appeal; assigning, transferring, and managing workloads; and providing certified electronic copies. “Identify inefficiencies in the current process that can be addressed before implementing a new solution so that energy is not wasted on duplications; look for tools and solutions that can evolve with your court so they don’t have to be ripped and replaced in a few years.”
Factors for a Good Fit There are many factors that go into determining if a case management system is the right fit for your court, discerns Michael Kleiman, director of Marketing, Tyler Technologies Courts & Justice Division. “You’ll want an end-to-end solution that encompasses all court administration functionality—from e-filing through disposition—and helps manage highly-sensitive court case data to help your court run more efficiently and improve the administration of justice.” Also you’ll want a configurable solution that can be designed to meet the needs of your court today and can adapt to evolving technology and court processes in the future, he adds. “At Tyler, our Odyssey Case Manager is designed to handle the unique needs of a wide range of courts, including small county courts and large statewide implementations.” An evergreen philosophy ensures clients benefit from continuallyenhanced technology for the life of their products, as well as lower cost of ownership, he conveys, “to ensure clients are always getting December/January 2020x
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the most from their technology investment.” Remember that integration capabilities make it easier for your court to work with your justice partners in public safety, corrections, and supervision, Kleiman adds. “This will increase efficiency and collaboration throughout the process, benefitting the justice system as a whole and the citizens in the community. “At Tyler, we think support and training are just as critical as the system itself, which is why we invest in providing robust training and support vehicles for our clients,” he furthers. Learning opportunities include webinars, which occur online multiple times a year, along with user groups that bring personnel together, in-person, to get hands-on experience and give real-time feedback to product teams. Also Tyler University is the 24/7 online learning resource where IT staff and
The judge’s view on the bench of a particular case using Mentis Technology Solutions’ aiSmartBench.
court personnel can learn at their own pace, on their own time. “Access to training modules is tailored to a person’s role/job title so the learning experience can be as useful, efficient, and impactful as possible.” Tyler has a dedicated client success team to help clients continually take their productivity to the next level, explains Kleiman. “That
includes proactively communicating with court clients to let them know about the latest advancements and features that have been included in recent updates to ensure the court is getting the most out of their case management system.” This client success team also utilizes a maturity model to help clients analyze where their office falls on the maturity model contin-
Pioneer Technology Group trains a team in King County, Washington.
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Dear Friends of COURTS TODAY, Over the past 17 years, as a receptive publication, we have polled our readership and found they have been and are, upbeat about COURTS TODAY. They derive satisfaction from the editorial content and report it to be informative and helpful; they like the graphics, presentation and treatment of the topics. Naturally, we agree COURTS TODAY is all that, but we have come to believe we can do even better with a sophisticated digital publishing platform. Digital publishing offers much more without substantive loss or change. It permits almost daily “publishing,” rather than the current print restriction of just six issues a year. On the new digital platform, CourtsToday.com, there will still be contributing editors, features and news as well as products and technology. But, in addition, there will be capacity for multimedia; audio and video options; as well as podcasts, webinars and blogs. As so many publishers have found, the transition from print to digital is a positive move. Transitioning COURTS TODAY to CourtsToday.com contributes much more to the information needs of court professionals and those companies that serve the courts. CourtsToday.com will be a vital, virtual publication with much to offer subscribers and vendors while retaining all the qualities of COURTS TODAY. In addition to editorial content the site has banner ads and company listings. Not only is there advertising but all participating Premium Listing Companies can upload products, videos, photos and content to their site. Each participating company will have their own dashboard to measure visitor traffic and follow up on leads.
On the other hand, subscribers to the site can create profiles, provide information about their courts as well as post videos, photos and job listings on the CourtsToday.com platform. Also, through the new digital directory, subscribers may search, review and compare companies’ technology, products and services. We are in the process of transitioning our current data base of subscribers to CourtsToday.com. We encourage all readers and vendors to visit the website to sign up and become active subscribers. We are delighted that, after 17 years of publishing the only national business publication for court professionals, we are able to find a way to continue serving the court community. In conclusion, the staff of COURTS TODAY want to take this opportunity to express their utmost gratitude for all your support and hope you will join us in this exciting transition to CourtsToday.com.
Best Wishes, Thomas S. Kapinos Publisher
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Example of a red routing matrix for process evaluation/software prioritization: Identifying functional “red routes� can be very useful during software evaluation and selection. This template was created by equivant for a NACM workshop on technology planning.
uum, with the goal of planning next steps of elevating productivity in the future. Adding to the fit mix, Ben Martin, VP of Sales and Marketing at Mentis Technology Solutions, states: “There is a larger universe than just the world of the CMS.�
the training to a staff person. “Judges need special attention and training and have limited time to learn. The ‘one-monolithic-systemfits-all’ premise has been debunked; find solutions that are targeted to a particular constituency and that can be interconnected;
“Access to training modules is tailored to a person’s role/job title so the learning experience can be as useful, efficient, and impactful as possible.� —Michael Kleiman He explains the reason for aiSmartBench for judges in the courtroom and chambers: “The judiciary needs access to more than just what the CMS stores and manages. Counties should consider the larger needs of their judges and not just foist on them solutions that are leashed to what is in the CMS but find solutions that support all aspects of a judge’s workflow.� He says when it comes to judges, most CMS solutions leave
the Component Model results in happier users.�
Evaluating a New Purchase When evaluating a new system, Kristina O’Leary, director of Corporate Communications, Pioneer Technology Group suggests to be sure to consider the total cost of ownership and factor in any possible change orders.
“Don’t be afraid of the upfront costs as the long term savings can far outweigh the overall spend for your court.� It is key that users know their system and current data: “Knowing what you want vs. what you need/is legally required or legislatively mandated will help to mitigate costs and save time in the long run,� O’Leary says. “Do you need certain features right away or can you treat the installation as a phased approach rolling out features after you’ve gone live with the new system?� Be an active participant in the process, don’t be afraid to speak up, she adds, be involved in the training every step of the way, and be open minded about new processes that could save considerable time and money. Ask questions as much as possible, O’Leary advises, “You never know what you will learn as you continue to probe and understand case management/information management systems, this will only make you a stronger user and more experienced subject matter expert when the final product is installed.� CT 3%1+3%21,/ 3%+$.,3/1 , $/.)1!''0 ' 0 )1,/ 3 2 ,
$/.0-3+)12 , $/.0-3+ +$"2 3 .1 /-0)1 !0 !0! '') (((,+$"2*3 .,/-0-3+ &2%1 2-#/3&3",2*1 3 %.*1 1 *.,-2 , ,*,3/)1!''0 0 ) - *$&2* . &2%.2-#0-3+) (((0. &2%.2-#0-3+ 2/.,*1 2-#/3&3" 1 3& .,3/*) ' 0 0 ) 2/ $%.,/ 2/.,* 2-#/3&3" 0 -3+)1(((0+2/.,*.2-#/3&3" 0-3+ ,3/22%1 2-#/3&3" 1 %3 0 !''0 !'0 ! )1*$&2* ."#3+20-3+) (((0 ."#3+20-3+
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BY DONNA R OG E R S , EDITO R
The latest techniques and how they’re working.
Veteran Treatment Courts enerally speaking about 30,000 individuals are treated each year through Veteran Treatment Courts. These courts are uniquely geared toward military personnel who are involved in the justice system due to mental health disorders, trauma, and substance use. Over the last decade, it is estimated some 450 Veteran Treatment Courts have been created across the U.S. Since it was established in 2010, Justice For Vets, a division of the National Association of Drug Court Professionals, has helped develop over 250 of those veterans
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treatment courts and trained over 3,000 court staff with evidencebased treatment programs. In addition, the non-profit has conducted 40 volunteer veteran mentor boot camp training, serving thousands of veteran mentors. Justice For Vets says they are “dedicated to transforming the way the justice system identifies, assesses and treats our veterans, leading the national effort to put a veterans treatment court in reach of every veteran in need.” Our mission is simple and direct, explains Scott Tirocchi, director of Justice For Vets. “We will not rest until a Veteran Treatment Court is available for every veteran in need.” The courts,
in fact, are found in almost every state. Just this year, the director travelled to 38 different jurisdictions in 38 different states, crisscrossing the East Coast, Middle America, West Coast, and as far as Hawaii and Alaska. “The main single issue is that, unfortunately, countries are in never-ending conflicts,” says Tirocchi. “It’s no longer called ‘war.’ And we don’t see this going away. It is what it is.” Justice For Vets provides training and technical assistance to help courts implement VTCs and to polish their skills. In 2015 they also launched the National Mentor Corp to provide professional development for volunteer veterDecember/January 2020x
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Veterans Treatment Court in Montgomery County, Pa.
ans working in veterans treatment court. They offer a resource library on topics from 10 Key Components of a VTC model to a New Staff Training Guide. In addition, Justice For Vets has teamed up with PsychArmor Institute, a nonprofit that supports militaryconnected individuals by offering free online training courses and resources, to provide 7- to 13minute mini online courses. Ten video modules are offered on mentorship and eight are available on trauma awareness. “Everyone on teams wanted to learn more about these topics,” Tirocchi explains. “It became a phenomenal success overnight. We now have 800 registered users taking courses.” The aim of Justice For Vets is to provide training based in research, points out Tirocchi. Without this evidence-based research, he says, there is no guarantee of attaining the best success of returning vets to a normal life, integrated into
society. JFV provides various types of training for courts. The first is comprehensive Implementation Training for courts not yet operating, teams that may have had significant staff changes or teams that have never attended an implementation training before. Selected jurisdictions participate in a facilitated six-month planning process. Each jurisdiction participates in an overall program that includes pretraining webinars, a three-day training program and submitting an implementation plan. Tirocchi notes that the program is growing: in 2018 his group conducted 13 initial planning training sessions; in 2019 it was 31. A second type of training offered is the Operational Tuneup—a refresher course that challenge courts to self-assess, and then helps them to take corrective steps to improve outcomes. This two-day training helps established
teams learn the latest best practices and how they should be applied, and assists in revising policies and practices relating to incentives and sanctions, target population, supervision, and drug testing. It is offered to teams that have at least two years of operational experience. Tirocchi says this is also expanding: just 3 programs were offered in 2018, compared with 20 in 2019. Mentoring from other vets is gaining a stronger foothold in treatment courts. Through the Mentor Corp, volunteer veterans engage, encourage, and empower their fellow veterans to change their lives, ensuring that together we will "leave no veteran behind." Mentor Boot Camp Training offers military volunteers training on various pertinent topics from suicide prevention to active listening, details Tirocchi. In addition to providing camaraderie and vet-to-vet support,
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mentors assist with housing, employment, transportation, disability compensation claims, contesting discharge status, and connecting veteran participants with services available to them at the local, state, and federal level. Mentoring boot camp has grown from two programs in 2018 to 23 in 2019. Finally, development for veterans treatment court comes in the form of technical assistance, which is flexible and tailored to fit the needs of each individual program and designed to help the court develop, implement, and sustain evidence-based practices. It is funded by the Bureau of Justice Assistance and facilitated by the National Drug Court Institute (NDCI).
It helps the court team: • Build a comprehensive program of on-site workshops, webinars, and remote assistance. • Initiate collaborations between stakeholders and partners to provide additional resources and support to your program and those it serves. • Push through obstacles, via experts that will provide ongoing remote coaching and consultation.
San Diego Federal VTC San Diego is robust with a military population due to several large military installations located there, explains RanDee McLain, program director, with community partner Mental Health Systems Inc. and coordinator of the San
Diego Federal VTC. However, up until three years ago, San Diego did not provide veterans involved with the federal justice system any alternative to incarceration. As a community partner McLain had previously helped with the superior treatment court, but, she explains, those charged in federal court weren’t afforded the same benefits, or any form of treatment. They were seeing an increase in the number of federal vets coming though the justice system, some facing 10- or 20-year minimums for the crimes they had committed. In 2015 the chief of pretrial services and a judge who is a retired marine colonel reached out to her, and the VA, mental health systems Continues on page 29
Justice For Vets Director Scott Tirocchi swears in a new class of volunteer veteran mentors during the closing ceremony of NADCP's RISE19 conference.
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BY MI C H A E L G R O H S , CO N T R I B U T I N G E D IT O R
COLLECTING DEBTS How courts are addressing compliance.
THE OFFICE of Judicial Services of the Supreme Court of Ohio noted that fees and fines are not intended to be revenue generators for the state, but the practices courts use to enforce compliance to the financial sanctions they assessed serve an important part of administering the consequences of impropriety. In their handbook of collections issues and solutions, John T. Matthias and Laura Klaversma of the National Center for State Courts addressed the importance of compliance when it comes to fines and fees. They also pointed out that tensions have built between courts and other branches of government over the level of
responsibility courts should have in collecting the debt they assess. A 2019 study conducted by the website Governing found that fines are used to fund a significant portion (10%+) of the budget in nearly 600 jurisdictions in the U.S. In almost half of those governments, it’s more than 20%. In 15 towns among Louisiana, Georgia, and Oklahoma, 75% to 92% of budgets come from fines and forfeitures. In Georgetown, La., it was 92%. Much of this is a result of budget cuts and decades of rural economic decay. According to data from the census survey, jurisdictions that were the most fine-reliant had undergone significantly more drastic funding
cuts over the decade than elsewhere in the nation. Matthias and Klaversma pointed out that the term has a broader meaning than just collections. It is multi-faceted. The objective of compliance is to facilitate cooperation or obedience, and, as they pointed out, the public’s trust and confidence in government entities is not assured. Ideally the court’s goal is to encourage voluntary obedience. “When defendants perceive a court process or proceeding to be procedurally fair, there is every reason to expect greater compliance with court orders.” Collections are only a piece of the compliance puzzle. A collections
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program can be developed as part of a compliance initiative, but a collections program cannot easily grow into a compliance plan.
Los Angeles County’s Receivables Plan Payment plans, collection agencies, collection attorneys, community service, attachment to prisoner accounts, incarceration, and license forfeiture are among myriad methods court systems across the nation have tried to ensure compliance and/or collect fines and fees. In the Internet era, naturally the appeal of using technology is appealing to courts of all sizes and in all areas. Los Angeles County—the nation’s largest U.S. county by population (and a separate entity from the Los Angeles Courts)—has recently converted to the Ontario Systems RevQ® solution from Ontario Systems, a leading provider of case management and enterprise revenue cycle management software to, among other markets, government. The Los Angeles County Treasurer and Tax Collector and Probation Department is using the system to run its receivables operations and anticipates that the system will help to recover more than $30 million in delinquent account collections each year. In the press release regarding the adoption of the system, Jay Moorman, vice president and general manager of Ontario Systems, noted: “The Treasurer provides a variety of services to Los Angeles County, including collections for the Department of Public Social Services related to Cal Fresh, CalWORKs, and General Relief overpayments, as well as the collection of delinquent debt owed to var-
ious County departments. In addition, the Probation Department enforces financial orders of the Superior Court by collecting victim restitution, fines, and fees. Monthly, the Treasurer distributes approximately $284,000 in restitution payments alone to approximately 2,300 victims.” The system is expected to assist with addressing growing business needs while providing a platform that will allow greater flexibility for future enhancements. The solution’s features include automated work lists, workflows, correspondence, and outsourcer forwarding as well as customized user screens and reports, integrated skip tracing capabilities, custom payment plans, and management of joint and multiple accounts. The county anticipates the solution will simplify the collection process, account for court-ordered debt, and provide a number of other key benefits. The conversion process was accomplished on-time and on-budget. RevQ® developed 30 separate interfaces for the staff with an additional 35 custom reports. Eventually the system will house more than two and a half million accounts and accommodate 200 users. “Our clients who use the RevQ software have a much better idea of their efficacy, and how to adjust strategy and execution to meet important revenue recovery goals,” said Ontario Systems President Jason Harrington. “Local, county and state governments across the country use the technology to remove guesswork and collect efficiently on behalf of their constituencies. We’re proud to continue supporting organizations like Los Angeles County who define optimized government receivables.”
Measures That Address Compliance Since the shift in opinion that courts should be more involved in the process of collection and not just assessing monetary penalties began, courts have taken various measures to address and improve collections. A 2014 report released by the Legislative Analyst’s Office (LAO) in California examined restructuring the court-ordered debt collection process. In the report, the LAO described weaknesses in the current process based on an analysis and discussions with stakeholders in the collection process and offered recommendations for addressing them. The weaknesses included a limited fiscal incentive for counties to collect debt and even less incentive for courts to do so. The current approach did not incentivize efficiency since courts did not begin to benefit until state and surcharge obligations had been fulfilled. There was even less incentive for individual trial courts because the amount they received from collections was only partially tied to the court’s performance in collecting it. There was also little incentive to collect nondelinquent debt. Since collection programs were not reimbursed for the costs of collecting nondelinquent debt, they had little fiscal incentive to use their resources to improve nondelinquent collections such as purchasing kiosks or other methods to make it easier for debtors to pay. Instead, programs generally focused their resources on collecting delinquent debt, which is significantly more expensive and difficult than collecting nondelinquent debt. Furthermore, minimal effort to collect nondelinquent debt can nega-
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tively affect the amount of delinquent debt collected. Based on the LAO’s discussions with stakeholders, activities related to the collection of nondelinquent debt increased the likelihood of collecting delinquent debt. For example, collecting personal information early on to facilitate nondelinquent collections also allows programs to quickly and cost-effectively locate and communicate with individuals whose debt becomes delinquent. According to program administrators, the faster a program reestablishes contact with a delinquent debtor, the more likely the delinquent debt will be paid. Another recommendation was to improve efficiency by shifting responsibility for debt collection to the trial courts and implementing a new collections incentive model. This begins by consolidating responsibility for collections with one entity, specifically trial courts with the ability to contract with other agencies. The reasoning was that courts are best positioned to interact with debtors, accept payment, and collect debtor information. That could facilitate initial contact, which could impact the ability to maximize both delinquent and nondelinquent debt. It also provides increased oversight of the collection programs to the Judicial Council, which may lead to greater consistency and accuracy. The LAO also recommended piloting a new collections incentive model and replacing the one used with an incentive-based model in which each court would retain a portion of the revenue it collected relative to a fixed base year. Regardless of how much it collected, each court would be able to retain the amount required to offset
the cost of collecting up to the amount they received through the current cost-recovery model in the fixed base year. Once a court collects the same amount of total debt (both delinquent and nondelinquent) it collected in the fixed base year, the court would then be able to retain a set percentage of the amount of new revenue it collects. This “incentive percentage” would serve as a reward for improved collections performance and would be specified in statute. The study also found difficulty in fully evaluating the performance of collection programs, incomplete and inconsistent reporting of total collections and distributions, minimal reporting of nondelinquent collection costs and revenues, and miscalculation and lack of performance measures for delinquent collections.
increase nondelinquent debt will directly affect the amount of delinquent debt. Directing the Judicial Council to conduct a comprehensive evaluation of collection best practices was another of the LAO’s conclusions who recommended that the Legislature direct the Judicial Council to conduct an evaluation of collection best practices currently implemented across the state as well as specific local programs. The Judicial Council could then direct the expansion of those best practices. This, in turn, could increase the total amount of debt revenue collected and distributed to various state and local funds. Finally, the LAO recommended the Judicial Council to work with collection programs to conduct an analysis to determine the collectabil-
Activities related to the collection of nondelinquent debt increased the likelihood of collecting delinquent debt. — A 2014 report by the Legislative Analyst’s Office in California
As a result, the LAO also recommended improving data collection and measurements of program performance. One way is to require consolidated reports on collections under the supervision of the Judicial Council. Consolidating reporting will ensure complete and consistent and accurate data reporting, which will help the Judicial Council provide the Legislature with the data required to show with certainty the amount of revenue collected, the cost of doing so, and if the revenue has been properly distributed. They further recommended requiring reporting on nondelinquent collections. All debt is at one point nondelinquent, so the actions taken and investments made to
ity of outstanding debt. By the end of 2011-2012, collection programs reported more than $10 billion in outstanding court-ordered debt obligations. A collectability analysis could provide an understanding of how much of this debt could potentially be collected and what it would cost to do so. The analysis would consider factors including the age of the debt, prior collections activities used, prior sanctions imposed, the socio-economic status of the debtor, and other debt owed by the debtor. Such information could prevent collection programs from using resources on uncollectable debt and allow courts to determine where they should dedicate resources in order to increase collections. CT December/January 2020x
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BY DONNA ROG ERS , E D IT O R
The Case for Mobile Connections How courts are keeping pace with the demand from their patrons for mobile internet access.
THERE’S NO QUESTION THAT THE PUBLIC WANTS MOBILE ACCESS TO THEIR COURT, THE QUESTION IS WHETHER THAT WOULD BE BY MOBILE APP OR SIMPLY BY GOING TO THEIR SMARTPHONE BROWSER. While it seems smartphones have been entrenched in our lives for a long time (and we can’t live without them), the mobile trend is surprisingly recent. It was only in late 2016 that worldwide mobile internet use surpassed desktop use, according to a study by broadbandsearch.net. However, “the trend had been clear for some time by that point: desktop internet use had been declining steadily while mobile internet use is poised to continue growing and further eclipse desktop use.”
In fact, just one year after that milestone, “mobile internet use had increased significantly,” said the report. In 2017, 67% of web traffic came from mobile users, compared with 37 % of desktop users. At that time, some of the most progressive courts developed mobile apps for their constituents so they could connect via their smartphones to the court. Users could search a variety of areas—electronic dockets, moving violations or upcoming court dates—with a touch of the finger.
Case summaries, plaintiff and defendant information could be retrieved. Forms of all types from family court to small claims court could be accessed. Even directions with mapping links connected constituents to the courthouse to get them there on time. Mobile apps continue to remain popular, with 90% of the people spend on mobile devices spent in apps. In fact, reports the Broadbandsearch study, (the length of) engagement is up to four times better in apps than it is in mobile web browsers. Despite the fact that mobile use is up, there is still a lag in its use, the study points out. “One area where mobile use is still lagging is
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some courts are simply designing a mobile version of their web page that can bring justice to users on their smartphones. Courts we spoke with are taking heed of these trends, with a mix of those that offer a custom mobile app and those that have developed responsive websites.
Florida Family Law Forms
The Pennsylvania app PAeDocket, available in the iTunes and Google Play stores, boasts nearly 200,000 downloads since its launch.
in engagement. As of 2018, nearly 56% of the on websites comes from desktop users, compared to about 40% for mobile users. While more people are accessing the web from mobile device than desktops, people still tend to spend more time on sites when they access them from nonmobile devices. That said, people are using mobile devices more than desktop computers to access the web, and the data show that’s unlikely to change, the study points out. “In the future, mobile uses are likely to continue to become more prevalent than desktop users.” Today many courts continue to use mobile apps to good use. Yet, some report another trend—websites that are “responsive,” that is, adapt to mobile users. Therefore,
The Florida Supreme Court uses an app launched in 2017 called Florida Courts Help. Developed inhouse by staff of the Florida Office of the State Courts Administrator under the guidance of and on behalf of the Florida Commission on Access to Civil Justice, a commission created by the Florida Supreme Court, it now has more than 11,500 installations, they report. Probably their app’s greatest advantage, says Paul Flemming, public information officer, is the myriad Supreme Court-approved family law forms it makes available (186 forms) in a responsive mobile environment. The forms are downloaded more than 1.6 million times annually, he reports. “The app was designed to make what was known to be the most sought-after content, family law forms, available on a platform increasingly used by people accessing web content. Making those fillable forms readily available on mobile devices is important from an access to justice perspective and is a clear advance for Florida State Courts as well as the Access Commission.” Another great benefit, the app provides a single source of resources for self-represented liti-
gants in the state. It features information on Florida’s trial courts in 20 judicial circuits and 67 county courts as well as contact details for Legal Services offices throughout the state and other pro bono opportunities around Florida. In addition, Flemming points out, the Access Commission, with the help of the Young Lawyers Division of The Florida Bar, has produced two videos providing basic guidance for those heading to court, with more in development now. Flemming further notes they are in the final steps to launch an updated version of Florida Courts Help that will offer improved user opportunity to provide feedback and seek help directly from the app’s homepage, as well as expanded resources material, particularly help available to veterans.
Quick and Simple Search App In 2015 the state of Pennsylvania launched PAeDocket, a free app that provides a quick and simple search of court cases or dockets, which was designed by Administrative Office of PA Courts (AOPC) staff in the AOPC/IT department, reports Kimberly Bathgate, assistant director of comDecember/January 2020x
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Travis County, Texas, applies Tyler’s Modria platform for Online Dispute Resolution for small claims court without use of an app, per se.
munications. “It’s available in the iTunes and Google Play stores, with nearly 200,000 downloads since its launch. The app is mirrored from the tens of millions of public docket sheets that were accessed 65 million times last year on our website. “Utilizing mobile apps provides a valuable service for the public, including lawyers, law enforcement, consumers, victims and victims’ families,” Bathgate points out. “PAeDocket offers a visually engaging and easy-to-use mobile experience on both Android and iOS platforms.” With this tool, she says, “Finding public court information is easier than ever—including results about cases, such as charges, court dates, upcoming hearings and status of cases.” Application users can search by
various topics including case number, participant name, offense tracking number, police incident or complaint number, among others. The biggest overall benefit of PAeDocket is how accessible it makes justice. “It is really a public service as it helps people readily access public case data anywhere the app can be accessed,” Bathgate concludes.
Responsive Website
A popular application, the Florida Courts Help app makes 186 family law forms downloadable to users.
“We discontinued offering our app as our website is now responsive,” says Michael Sommermeyer, a spokesmen for the Supreme Court of Nevada. Its website offers the usual search and retrieval of documents, and he adds that their selfhelp website is very comprehensive.
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Many courts offer responsive websites, he notes. “My feeling is apps require more work and many courts don’t see a need to provide them if their website works on mobile phones.”
Online Dispute Resolution from Anywhere Likewise, in 2018 Travis County, Texas, launched an Online Dispute Resolution (ODR) platform that allows case parties to work through small claims cases without ever having to step foot in the courthouse, explains Judge Randall Slagle who serves as justice of the peace for Precinct 2 in Travis County. “We partnered with Tyler Technologies, key stakeholders from throughout the county, and the Austin Dispute Resolution Center to implement the world’s first true online dispute resolution (ODR) system for small claims courts using Modria,” Judge Slagle says. “All parties worked together to build an innovative tool that had never been offered before.” Using the platform, case parties can access the system using any web browser, mobile or desktop; a specific app is not needed to participate. Judge Slagle relays: “The impact of Modria on court efficiency and access to justice cannot be overstated. Where it used to take an average of six months to resolve a case in the traditional court process, with Modria, cases are routinely resolved in two weeks, and the shortest time to resolution was just two hours. On top of that, 60 percent of the cases that utilized ODR were resolved directly by the involved parties without intervention from a mediator or the court.” CT
VETS continued from page 21 and the justice team took a deep dive in to see if a vets court would be sustainable on the federal side. She paints a picture of those they work with. These are people who had done really well in the military, she says, frequently with military honors, some with multiple purple hearts. Many were also in the military for multiple tours. Almost all were honorably discharged. These are not lifelong criminals, but upstanding soldiers. She notes that an isolated incident may be triggered by a traumatic brain injury, military sexu-
Judge Robert Russell of the Buffalo Veterans Treatment Court congratulates a participant.
al trauma or PTSD kicking in. Then the individuals may self medicate, with alcohol the substance of choice. What they need is intensive treatment, often for anger management or PTSD, she says. At least 90% have co-occurring disorders. This program is not a “get out of jail free” card, she emphasizes. In San Diego, participants stay in the program for an average of 14 months, some as long as 18 months. Relying on evidence-based training from Vets For Justice,
they’ve now grown to where they have two federal dockets, McLain relays. The court actively has 14 participants in one docket and 9 in the other; a total of 32 individuals have gone through the process over the past three years. One of the best successes of a treatment court is that they can identify the vets more quickly, get them into the mental health system and expedite their treatment, she says. Their goal is to continue to amp up their program into the new year, McLain says, “getting the word out that resources are available, that there are ways to get your life back on track. Just because one thing happened, your life shouldn’t be destroyed. “Our aim is to restore lives— we are saving lives and, honestly, saving money in the long run.” “There are a lot of success stories,” Tirocchi concurs. In fact, he continues, most programs report that after one year of graduation they see people return into the justice system only about 12% to 15% of the time. We see it in every state and it’s so positive,” says Tirocchi. We often hear about an individual who developed alcohol problem in the military, refused to go for any treatment, then gets pulled over for a DUI, he details. Then in VTC they begin to address their legal and clinical issues, and rather than getting incarcerated, they get diverted into treatment. Finally, we reunite them with their families. “We see this all the time,” he concludes. CT December/January 2020x
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the electronic monitoring industry in providing high-volume autonomous breathalyzer testing to law enforcement and courts. The company’s Automated Breathalyzer Kiosk (AB Kiosk) reduces the administrative burden of alcohol screening and other court-mandated offender programs, including probation checkin, Huber work release, and preand post-trial services. 1.651.383.1211, www.abkiosk.com
offering whole-person rehabilitation and monitoring services by way of a mobile phone or mobile app. The program fosters officer/program
has over 2,500 locations nationwide and takes pride in its exemplary customer service and the products’ overall ease of use. Intoxalock’s reliable blow-breathblow technology ensures that customers are able to get back on the road safely and quickly. www.Intoxalock.com, 1.888.283.5899
Case Management Tool The Level of Service/Case Management Inventory (LS/CMI) is a fully functioning case management tool and assessment that
measures the risk and need factors of late adolescent and adult offenders. The LS/CMI is the most widely used risk/needs assessment in the world. 1.800.456.3003, www.mhs.com
Phone App TRACKphoneLite is an app on an offenders phone. TRACKtech designed a comprehensive platform
Case Management Software
member collaboration by understanding and monitoring risks, needs and responsivity. The platform, which includes a broad spectrum of data and workflow automation, enables officers and agencies to implement individualized case plans, connecting supervised individuals to prosocial, communitybased resources, meeting criminogenic needs and reducing the likelihood of recidivism. support@tracktechllc.com, www.tracktechllc.com
Ignition Interlock Devices With 25 years in the business, Intoxalock is one of the longestrunning ignition interlock companies in the world. The company
Journal Technologies supplies case management software and products to courts, prosecutors, public defenders, probation and other justice agencies. They serve over 500 courts and agencies in 42 states and three countries. The company’s configurable, browserbased solutions do not require clients to change processes to fit
the product. Instead, they work with them to configure the system to their needs. This includes courtroom processing, judicial dashboards, dynamic searches, public portals, and more. This allows them to meet their unique needs now and in the future. 1.877.587.8927, www.journaltech.com
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